Employment Cases Update

Items with CPD

• Employment Tribunals: Charges and Changes

  Paul Statham, co-head of employment at Pattinson Brewer, spoke at the Institute of Employment Rights conference on 10 October and he has kindly allowed us to reproduce a recording of his talk, along with powerpoint slides and CPD questions. Paul gave a talk on changes at the ET which came into force in April 2012 and the proposed fee structure due to be implemented in April 2013.
  (14/11/2012) • resource • CPD: 0/90 mins

• Hudson v Department for Work & Pensions [2012] EWCA Civ 1416

  Appeal concerning application of the Fixed-Term Employees (Prevention of Less Favourable Treatment) Regulations 2002 where the claimant had initially been taken on as part of training scheme. Appeal allowed by a majority.
  (09/11/2012) • case • CPD: 0/30 mins

• McCarrick v Hunter [2012] EWCA Civ 1399

  Appeal against decision in the EAT that the claimant could not proceed with claims for ordinary unfair dismissal as there was insufficient continuity of employment. Appeal dismissed.
  (04/11/2012) • case • CPD: 0/30 mins

• Employment Claims Toolkit Webinar

  This is a recording of the webinar held on 30 October on 'Getting Started with the Employment Claims Toolkit' with a related CPD course.
  (30/10/2012) • resource • CPD: 0/120 mins

• Birmingham City Council v Abdulla & Ors [2012] UKSC 47

  Appeal against refusal to strike out Equal Pay claims made in the High Court on the grounds that they should be heard in the Employment Tribunal and, in that case, would be time barred. Appeal dismissed by a majority (Lords Sumption & Carnwarth dissenting)
  (24/10/2012) • case • CPD: 0/30 mins

• British Airways PLC v Williams & Ors [2012] UKSC 43

  Appeal against decision that the claimants were due holiday pay based on both their annual salary and supplementary payments accrued during flying time. The matter had been remitted to the CJEU by the Supreme Court, who had ruled that parts of the pay ‘intended exclusively to cover occasional or ancillary costs arising at the time of performance’ need not be taken into account. This judgment follows that decision and the claims were remitted to the ET for reconsideration of the payments awarded.
  (17/10/2012) • case • CPD: 0/30 mins

• Abercrombie & Ors v Aga Rangemaster Ltd UKEAT/0099/12/SM

  Appeal against a decision that the claimants, who agreed to a temporary reduction in their working hours during a period of economic downturn, were not entitled to guarantee payments for the day they did not work. Appeal dismissed.
  (11/10/2012) • case • CPD: 0/30 mins

• Nambalat v Taher & Anor: Udin v Pasha & Ors [2012] EWCA Civ 1249

  Conjoined appeals concerning the application of the National Minimum Wage Regulations to domestic workers. Appeals dismissed.
  (06/10/2012) • case • CPD: 0/30 mins

• Clyde & Co LLP & Anor v Bates Van Winkelhof [2012] EWCA Civ 1207

  Appeal concerning issues of whether a member of an LLP was entitled to bring whistle blowing and discrimination claims.
  (27/09/2012) • case • CPD: 0/30 mins

• Holt v EB Security Ltd (In Liquidation) UKEAT/0558/11/CEA

  Appeal against a ruling that the claimant did not have the requisite one year’s continuous employment to bring a claim of unfair dismissal to the ET. Appeal allowed and a ruling that the ET had jurisdiction to hear his claim was made.
  (20/09/2012) • case • CPD: 0/30 mins

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